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Are easements placed between properties from front to back?
My neighbor is claiming there’s an easement between our properties in the backyard area.
That the HOA said exist between all properties in the subdivision. He also stated that my fence which is 3 ft from my property line suppose to be 5 ft from my property line
That the HOA said exist between all properties in the subdivision. He also stated that my fence which is 3 ft from my property line suppose to be 5 ft from my property line
Asked By Stephanie Powell | Jonesboro, GA | 1342 views | Finance Legal Info | Updated 2 months ago
Answer(25)
Bill Bambrick
William Bambrick, P.A.
Unless you have several documents in hand, making an answer is a guess. Do you have a boundary survey of your lot? This will indicate an easement.
As for the fence, refer to your HOA documents or call the HOA for this specific answer. The management company will be glad to help.
Here are the Types of Easements in Georgia:
Easement by Prescription:
This occurs when someone uses another person's property openly, continuously, and adversely for a period of seven years, while keeping the property in repair, and having a claim of right.
Easement by Necessity:
This arises when a property is landlocked and has no access to a public road. The law implies a right of way to provide access..
Easement by Implication:
This type of easement is created when a property owner sells a portion of their land, and the sale implies a right of way to the back portion.
Utility Easements:
These easements allow utility companies to install and maintain essential services like power lines, gas lines, etc., on private property.
Right-of-Way Easements:
These easements grant the right to travel across another person's land, often for roads or pedestrian routes.
Hope this helps.
As for the fence, refer to your HOA documents or call the HOA for this specific answer. The management company will be glad to help.
Here are the Types of Easements in Georgia:
Easement by Prescription:
This occurs when someone uses another person's property openly, continuously, and adversely for a period of seven years, while keeping the property in repair, and having a claim of right.
Easement by Necessity:
This arises when a property is landlocked and has no access to a public road. The law implies a right of way to provide access..
Easement by Implication:
This type of easement is created when a property owner sells a portion of their land, and the sale implies a right of way to the back portion.
Utility Easements:
These easements allow utility companies to install and maintain essential services like power lines, gas lines, etc., on private property.
Right-of-Way Easements:
These easements grant the right to travel across another person's land, often for roads or pedestrian routes.
Hope this helps.
- 2 months ago
Helpful (3)
Unhelpful (0)
Jason Craig
Coldwell Banker
Stephanie, I’ve run into this before. Easements and setback rules can vary by subdivision, HOA, and local zoning. The best first step is to check your closing documents or plat map—you’ll usually find any easements spelled out there. Your HOA bylaws should also note setback requirements if they’re different from the city’s code. In Jonesboro, some neighborhoods do have 5-ft setback rules, but it’s not across the board. If you’re unsure, I’d suggest confirming with your HOA in writing or pulling the recorded plat at the county records office. That way you’ll know exactly where you stand.
- 2 months ago
- Helpful (2)
- Unhelpful (0)
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Julianne Clark | Your Lowcountry Compass
Charter One Realty
It depends on your community. The county may be able to help you find a plat map/survey from the past. It would show a this easement. Did you not have a survey done prior to installing the fence to be assure of your corners? The easement behind houses is sometime to get emergency vehicles or its for utilities. Contact your county first. If there isn't a recorded plat -- have one done!
- 2 months ago
- Helpful (2)
- Unhelpful (1)
Michelle Cecchini
Shell Realty LLC
An easement is a legal right for someone to use part of another person’s property for a specific purpose, even though they don’t own it.
Think of it as limited permission—ownership stays with the property owner, but another party gets certain usage rights.
Common Examples in Real Estate:
Utility Easements – Allow power companies, water providers, or internet service providers to install and maintain equipment like power lines, sewer pipes, or fiber cables across a property.
Access (Ingress/Egress) Easements – Let someone pass through your property to get to theirs (common with landlocked parcels).
Beach or Pathway Easements – Give the public or certain neighbors the right to walk to a beach or trail through part of your land.
Drainage Easements – Permit water flow or stormwater drainage across property lines.
Key Points:
Easements run with the land, meaning they stay in place even if the property is sold, unless formally removed.
They are typically recorded in public property records or shown on a survey.
Easements can affect property value, how you can build, and where you can put fences, pools, or additions.
You generally can’t block or interfere with an easement’s intended use.
If you’re buying or selling, a title search and survey will reveal existing easements, so there are no surprises.
Think of it as limited permission—ownership stays with the property owner, but another party gets certain usage rights.
Common Examples in Real Estate:
Utility Easements – Allow power companies, water providers, or internet service providers to install and maintain equipment like power lines, sewer pipes, or fiber cables across a property.
Access (Ingress/Egress) Easements – Let someone pass through your property to get to theirs (common with landlocked parcels).
Beach or Pathway Easements – Give the public or certain neighbors the right to walk to a beach or trail through part of your land.
Drainage Easements – Permit water flow or stormwater drainage across property lines.
Key Points:
Easements run with the land, meaning they stay in place even if the property is sold, unless formally removed.
They are typically recorded in public property records or shown on a survey.
Easements can affect property value, how you can build, and where you can put fences, pools, or additions.
You generally can’t block or interfere with an easement’s intended use.
If you’re buying or selling, a title search and survey will reveal existing easements, so there are no surprises.
- 2 months ago
- Helpful (2)
- Unhelpful (1)
Jeff Peterson
Excel Real Estate Consultants
Your best bet would be to hire an surveyor to look into that. If you have the paperwork from when you purchased your property, you should have a survey in that stack of papers that would show any easements.
- 2 months ago
- Helpful (2)
- Unhelpful (1)
Carl Hawthorne
The Carl Hawthorne Team- Watkins Real Estate
Anytime a dispute exists with easements or property lines, the best first step is to review the last recorded plat or survey for your property. This will clearly show where property lines and easements are located. If questions remain, contact the surveyor who prepared the survey, as well as your city or county zoning department, for clarification.
Also, if you purchased title insurance, your title company can be a valuable resource. They can help resolve questions about easements or property rights, especially if something was not disclosed to you at closing.
Also, if you purchased title insurance, your title company can be a valuable resource. They can help resolve questions about easements or property rights, especially if something was not disclosed to you at closing.
- 1 month ago
- Helpful (2)
- Unhelpful (0)
Amanda Courtney
REP Realty Group
Easements can vary, but in Florida they are often found along the sides, front, or back of a property to allow utilities, drainage, or shared access. A side easement may run from front to back, but not always. The exact location will be shown on a survey or title report. Before purchasing, it is important to review these documents so you know where easements are and how they may affect your ability to build a pool, fence, or addition.
- 1 month ago
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